The Kimball graphic. (Kimball, Brule County, Dakota [S.D.]) 1883-1905, 1887-05-06
g.,
A NOTABLE LETTER.

ANoTADLE LETTER.
Tho President Writes to Secretary Lamar on tho
Rights Of the Settler Who In Good Faith Set
tied on the Public Lands--The Proper Policy
Suggested.
The President has sent to the secretary
OF the interior TIE following letter in rela-
| ton to the controversy between Guilford
Miller, II settler, and u railroad corpora
ton, involving tho ownership Of certain
lands.
THE LETTER.
have examined with much care and in.
terest the questions involved in tho con.
tiicting claims OF Guilford Miller and the
Northern Pacific Railroad company to
certain public lands in Washington Ter.
| ritory. The legal aspects OF the case have
been examined and passed upon by several
| officers OF the government, who do not
agree in their conclusions. Miller claims
to be a settler upon the land in question,
| whose possession dates FROM 1878. He
| alleges chat he has made substantial
| Improvement upon this land aud
cultivated the same, and it appears that
| he filed his claim to the same under the
homestead law on Dec IS, 1884. The
railroad company contends that this land
| is within the territory from which it was
entitled to select such n quantity OF public
land us might be necessary to supply any
deficiency that should be found to exist in
| the specified land nentioped in a grant by
| the government to said company in aid OF
the construction OF the road-such deficien.
cy eingcontemplated as likely to arise from
the paramount right OF private purchase,
and settlers within the territory emhrac-
ing said granted lands, and that tho land
in dispute was thus selected by the com.
| pany on Dec. 49, 1883. large, tract in.
Guiding this land, was withdrawn by an
order Of the interior department from sale
and from pre-emption and homestead en-
try in 1872, in anticipation OF the con.
struction OF said road and deficiency in
its granted lands. In 1880, upon the fail
ing OF a map of definite location of the
road, the land in controversy and that
| which had been SO withdrawn was found
| to lie outside o! the limit which in
clutled the granted land; but it's with.
| drnwal and reservation from settlement
and entry under our land laws were con-
tinued upon the theory that it was within
tho limits OF indemnity lands which might
be selected by the company, as provided
by the law making the grant,
| THE LEGAL POINTS
in this controversy turned upon the valid.
ity and effect OF the withdrawal and selcc-
tion OF the land and the continuance
thereof The attorney general is OF tho
opinion that such withdrawal and
IescI SuliOI were ul ull llilcS clcCIuHi, anu
that they operated to prevent Miller from
acquiring any interest or right to the land
claimed by him, With this Interpretation
OF the law, and the former orders and &C.
tion OF the interior department. it will be
seen that their effect has been the with
drnwal and reservation since 1872 OF
thousands, ii not millions, os these lands
OF the United States thus placing them
beyond the reach OF our citizens desiring,
under such laws, to settle and make
homes upon the same; and this has been
done for the benefit OF q railroad
company having no fixed, certain OF def
mite nterest in such lands. In this manner
the boneticient policy and intention OF the
government in relation to the public do.
main for all these years has to that extent
been thwarted. There seems to be nc
evidence presented showing how much il
any OF this vast tract is necessary for the
fulhllment OF the grant to the railroad
company nor does there appear to be any
limitation OF the time wherein which thit
fact should be made known and the corpo.
After a lapse OF fifteen years this large body
OF the public domain is still held in reserv,
to the exclusion OF settlers for the conven
ience Of n corporate beneficiary OF the gov
ernment and awaiting its selection, thougl
ii is entirely certain that much OF this 70
served land can never be honestly claimed b.
said corporation. Such condition OF the
public lands should no longer continue. Sc
J far as it is the result Of executive rules anC
methods they should be abandoned, and
, so far as it is IL course OF improvident lawt
these should be repealed or amended. OuI
, public domain is
1 OUR NATIONAL WEALTH
i the earnest OF our growth and the heritage
OF our people. 1t should promise !imitlest
bs.NFA
ing populace and homes to thrift and in
dustry. These inostimable advantages
should be iealously guarded and a careiu
and enlightened policy on the part OF thu
government should secure them to thu
people. In the case under consideration
assume that there is an abundance OF lanC
within the area which has been reserved fol
5 indemnity in whichno citizen or settler hat
q legal interest for all purposes OF such in
Identification TO this railroad company, i
its grant has not already been satisfied
! understand, too, that the selections mad,
, by such corporations are not complete nnt
effcctual untfl tho same have been approx
ed by the secretary OF the Interior or un
|, less they are made in the words OF tn
statuteunder his direction. You have thu
| lar taken no action in this matter ono
it seems to me that you are in conditio,
to deal with the subject in such manne
i as to protect this settler from hardship
r l transmit herewith the documents AM
e papers relating to the case which were sub
! mitted to me at my request, Iguggsst 70,
!. exercise the power and authority you hav
in the premises upon equitable considera
lions with tho presumption and intention
in favor OF the settler. and in case you fin,
t this corporation is entitled to select an,
y more OF these lands than has been alread
D acquired, that you direct it to select Il
l lieu OF the land which Miller has selecte
e other lands withi,. the limits ot this inden
i nifty reservation on which neither he no
!. any other citizen has in good faith settle
or made improvements. call your after
q ton to sections 245 and PAL OF the Revise
q Statutes as pointing out mode Of proceed
o nre which may he resorted to il necessar
n Tor the purpose OF reaching a just and eqr
n table disposition OF the case. The suggsi
tions herein contained can, ] believe, b
adopted without disregard or calling
!, question the opinion Of the attorney genel
o al upon the purely legal propositions whic
i were submitted to him.
Yours truly,
!: GROVER CLEy ELAND.